Renting in Spain: the rules

A lease for your main home (arrendamiento de vivienda habitual) can be signed for any length, but the tenant has the right to renew it year by year until it has lasted five years, or seven if the landlord is a company (LAU art. 9, as amended by Royal Decree-law 7/2019). If neither side gives notice at the end of that period (the landlord four months before, the tenant two), it rolls over for up to three more years (art. 10.1). A lease with no stated term counts as one year. Either side can insist on a written contract; a verbal lease is still valid (art. 37). The contract must show who the parties are, the property, the term, the rent and the energy-efficiency label (Royal Decree 390/2021).

Seasonal lets ('de temporada') count as leases for a use other than housing (LAU art. 3): they carry none of the five-year protection, are governed mainly by what the contract says and take a two-month deposit. Renting a single room is not expressly covered by the LAU. Catalonia has applied its own rules to seasonal and room lets since January 2026.

Royal Decree-law 26/2026, in force from 1 October 2026, would have replaced seasonal lets with a 'temporary housing' lease that needed a real, provable reason, and brought room lets under the LAU. Congress voted it down on 2 October 2026 by 178 votes to 172, together with Royal Decree-law 27/2026 on lease renewals (184 to 166), and both repeals were published in the BOE the same day, so the rules above apply again. A lease signed, a rent update due or a request made on 1 or 2 October 2026 may still be governed by the decree, so get advice if that is your case. An earlier decree (Royal Decree-law 8/2026) was voted down on 28 April 2026 and lost effect from then on. After the vote, government sources said the prime minister would take a few days to decide whether to call an early general election (reported 2 October 2026).

The law requires a fianza (cash deposit) of exactly one month's rent for a home, two months for other uses (LAU art. 36). On top of that, the parties may agree an extra guarantee (garantía adicional, such as a bank guarantee or further cash) capped at two months' rent on a home let of up to five years (seven with a company landlord). The landlord must return the deposit within a month of getting the keys back, or it starts earning legal interest (art. 36.4).

In most regions the landlord must lodge the fianza with a regional body. In the Comunidad de Madrid it goes to the Agencia de Vivienda Social within 30 working days of signing, with a 2% or 5% surcharge if late. In Catalonia it goes to Incasòl within two months (Law 13/1996). In the Valencian Community it goes to the Generalitat's Treasury within a month of signing, with surcharges of 5–20% if late (Decreto 333/1995, Ley 8/2004). In the Balearic Islands it goes to IBAVI (Instituto Balear de la Vivienda, the regional housing institute) within 30 working days of signing (Decree 22/1989). In the Basque Country it goes to the Basque Government's Bizilagun service within a month of signing, room and seasonal lets included, with a 2% surcharge if late or 10% if the Government has to demand it (Decreto 42/2016). In Aragón it goes to the Gobierno de Aragón within two months of signing (Ley 10/1992); contracts are no longer stamped. Andalusia abolished lodging for contracts signed from 24 January 2026 (Andalusian Housing Law 5/2025): the landlord keeps it, and AVRA (the regional housing agency) refunds older deposits as those contracts end. Ask for proof of lodging or a signed receipt.

Most disputes are about deductions for wear and tear. Photos and an inventory at the start help.

Outside stressed-market zones the starting rent is free. Rent can only go up once a year, and only if the contract says so. For contracts signed since 26 May 2023 the yearly rise is capped by the IRAV (Índice de Referencia de Arrendamientos de Vivienda), a rent reference index the national statistics office INE has published since January 2025 in place of CPI; the latest figure is 2.47% (August 2026, published 15 September 2026). Older contracts follow their own update clause; for those signed since 6 March 2019 the rise cannot exceed the CPI (art. 18). Royal Decree-law 26/2026 would have frozen or capped at 2% the updates due until the end of 2027; it was voted down on 2 October 2026, but an update that fell due on 1 or 2 October, while it was in force, may stay under its limits (OCU, 2 October 2026).

Under the 2023 Housing Law (Ley 12/2023) a region can declare 'zonas de mercado residencial tensionado' (stressed residential market zones) for three years. There, a new contract cannot start above the previous rent of the last five years, updated, with a few exceptions allowing up to 10% more. If the landlord is a large holder (gran tenedor), or the flat has not been let in five years and the declaration says so, the ceiling is the state reference index SERPAVI (LAU art. 17.6–17.7). As of September 2026 the Housing Ministry lists 317 municipalities in Catalonia, the Basque Country, Navarre, Galicia (A Coruña and Santiago de Compostela) and Asturias. Madrid, Andalusia, the Valencia region and the other regions have declared none. The Basque Country's 14 declared municipalities include Bilbao (from 31 October 2025, for three years), Vitoria-Gasteiz and Barakaldo; because the Basque tax authorities hold the rental data, the SERPAVI ceiling could only be applied there from September 2025 in Gipuzkoa and from 21 April 2026 in Bizkaia and Álava (Gobierno Vasco, April 2026). Aragón has refused to process any declaration; the central government's delegation appealed that refusal to the TSJA, Aragón's high court, on 18 September 2026, and no ruling had been reported by October 2026. A tenant who has paid more than the legal cap can claim the excess back in court.

The tenant can leave at any point after the first six months with 30 days' written notice (desistimiento, early termination). If the contract says so, the tenant then owes one month's rent for each year left, pro rata (LAU art. 11). During the minimum term the tenant can also decline each yearly renewal with 30 days' notice. After the five or seven years, the landlord must give four months' notice not to renew and the tenant two months; otherwise up to three yearly extensions follow.

A private landlord can only end the lease early after the first year to live there themselves or house close family, if the contract said so at the start, with two months' notice; if they do not move in within three months, the tenant can return or claim compensation (art. 9.3). Tenants in stressed zones can ask for up to three more years at the end of the lease on the same terms, and vulnerable tenants of large holders one more year (art. 10.2–10.3).

A landlord can end the lease for unpaid rent or deposit, unauthorised subletting, deliberate damage, nuisance or illegal activity (art. 27), but only a court can evict. Before going to court the parties must first try negotiation or mediation (a 'MASC', required since Organic Law 1/2025). In a claim for unpaid rent the tenant can stop the eviction once by paying everything owed (enervación, LEC art. 22.4). Where the tenant is economically vulnerable, the case is suspended while social services look for housing. Two decree-laws that would have suspended evictions of vulnerable households by large holders until 2030, let up-to-date tenants extend their lease by up to two years and made landlords pay compensation for not renewing were voted down on 2 October 2026; a tenant who asked for an extension or had an eviction suspended on 1 or 2 October should get advice.

The landlord must carry out all repairs needed to keep the home habitable, unless the tenant caused the damage; the tenant pays for small repairs caused by everyday wear (LAU art. 21). Metered bills (electricity, water, gas, internet) are the tenant's. Community charges and taxes such as the IBI property tax can be passed on only if the contract says so in writing and states the yearly amount (art. 20.1).

Since the 2023 Housing Law, agency fees and contract-drawing costs for a home are paid by the landlord (art. 20.1). Home contents insurance for the tenant is optional; the landlord usually insures the building.

Everyone living in Spain must register at the town hall where they live (empadronamiento, entry on the padrón or local register) (Ley 7/1985 art. 15). The padrón certificate is needed for healthcare, school places, residence paperwork, regional rent aid and many social-housing waiting lists, some of which require years of registration. Councils normally ask for your ID and rental contract. Registration records where you actually live, so a contract that says nothing about it does not stop you registering, and councils can verify residence by other means when a landlord refuses to cooperate; room and seasonal tenants often have problems here.

Foreign nationals are identified by the NIE (Número de Identidad de Extranjero, foreigner's ID number), issued by the Policía Nacional in Spain or by consulates abroad (fee form 790 code 012). Some landlords will sign with a passport alone, but most agencies, rent-default insurers and utility companies ask for an NIE and a Spanish bank account.

A tenant may only sublet part of a home, never the whole of it, and only with the landlord's written consent. The sublet ends when the main lease ends, and the tenant may not charge more than the rent they pay (LAU art. 8). Handing the whole lease to someone else (cesión) also needs written consent. Subletting without consent is grounds for the landlord to end the lease (art. 27.2.c).

In practice, many rooms advertised in shared flats are sublets the owner does not know about, so the occupant has no contract with the owner and can lose the room when the main tenant leaves. Before paying, ask to see the main lease and the owner's written consent.

To let legally a landlord needs an energy performance certificate and must show its label in adverts (Royal Decree 390/2021), and lodge the deposit with the regional body where required. Since 1 July 2025, holiday lets, seasonal lets and room lets offered on online platforms need a registration number from the Registro Único de Arrendamientos (single rental register, via the Land Registry) (Royal Decree 1312/2024). Tourist flats also need a regional licence and, in many cities, municipal permission. Since 3 April 2025 a building's owners can approve or ban new tourist flats by a three-fifths vote (Organic Law 1/2025, amending the Horizontal Property Act).

Tax: resident landlords pay income tax (IRPF) on net rental income at their normal progressive rates. For a main-home let the net income is reduced by 60% for contracts signed before 26 May 2023. For contracts from that date (applied from the 2024 tax year) the reduction is 50% in general, 90% for a new contract in a stressed zone at least 5% cheaper, 70% for a first let in a stressed zone to a tenant aged 18–35 or for social or public-scheme lets, and 60% after recent renovation (IRPF art. 23.2, Agencia Tributaria 2025 manual). Seasonal and tourist lets get no reduction. Non-resident landlords pay 19% (EU/EEA, expenses deductible) or 24% (others, on gross rent) (Agencia Tributaria, non-residents).

Tenancy disputes go to the Juzgado de Primera Instancia (civil court of first instance) where the property is. Since 3 April 2025 you must first try to settle through a 'MASC' (negotiation, mediation or a formal offer) before filing (Organic Law 1/2025). A claim of up to €2,000, such as an unreturned deposit, can be filed without a lawyer or court agent (LEC arts. 23 and 31); above that you need both, and free legal aid (justicia gratuita) is available below income limits through the bar associations. Some contracts include an arbitration clause, which both sides must have agreed to.

Complaints about estate agents (illegal fees, misleading adverts) go to the regional consumer authority or the municipal OMIC (Oficina Municipal de Información al Consumidor, consumer information office), which is free. Consumer arbitration boards only hear cases against businesses that accept them, so they rarely help against a private landlord. Tenant unions such as the Sindicat de Llogateres in Catalonia and the Sindicato de Inquilinas in Madrid give members advice and collective support, and other cities have their own local tenant unions. Many cities also run free housing advice offices (see the city pages). In the Basque Country the Basque Government's Bizilagun service gives free information on tenancy law and free, voluntary mediation between landlords and tenants.